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r-10586arrac~MeNr Fa City Council Meeting: June 21, 2011 Santa Monica, California RESOLUTION NO. 1058& (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING LICENSE FEES FOR OUTDOOR DINING AREA LICENSES WHEREAS, Santa Monica Municipal Code Section 9.04.12:120 allows outdoor dining on the public right-of-way as a way to encourage public activity in commercial districts, enhance the pedestrian ambiance of the City, and promote the economic viability of restaurants; and WHEREAS, Santa Monica Municipal Code Section 2.72.010 authorizes the imposition of fees for the private commercial use of public property; and WHEREAS, Santa Monica Municipal Code Section 2.72.020 authorizes setting such fees by resolution; and WHEREAS, the following fees for outdoor dining area licenses are below fair market value, reflecting community recognition that outdoor dining areas provide public benefits by enlivening sidewalks and pedestrian pathways and by promoting visual interest throughout commercial districts in the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: ATTACHMENT F2 SECTION 1: The following fees are established for outdoor dining area licenses, effective July 1, 2013: Monthly License Fees Location Per Square Foot/Month 3rd Street Promenade Not allowed $3.13 $2.20 Transit Mall/Santa Monica Boulevard/Broadway :Not allowed `:$3.13 $2.20 Ocean Avenue $5.83 $2.92 $2.05 Montana Avenue `Not allowed $2.50 $1.82 Wilshire Boulevard Not allowed $2.50 $1.75 Main Street -Not allowed .:$2.50 $1.75 Ocean Park Boulevard Not allowed $2.50 $1.75 Pico Boulevard :Not allowed $2.50 $1.75 Other Streets Not allowed $2.50 $1.75 SECTION 2. Following the effective date of the outdoor dining area license fees adopted by this Resolution, the fees shall be adjusted every January 1 by the annual change in the Consumer Price Index, which adjustment shall be no less than a three percent (3%) or more than a five percent (5%) increase. 2 SECTION 3. If there are any conflicts between the outdoor dining area license fees adopted in this Resolution and any outdoor dining area license fees adopted by prior resolution, the fees adopted in this Resolution shall take precedence. SECTION 4. The City Clerk shall certify to the adoption of this Resolution, and the same shall be in full force and effect. APPROVED AS TO FORM: M RSHA J ES MO RIE Ci ttor ey 3 Adopted and approved this 21St day of June, 2011. r Richard Bloom, Mayor I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10586 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 21St day of June, 2011, by the following vote: Ayes: Councilmembers: Holbrook, McKeown, O'Connor, O'Day, Mayor Bloom, Mayor Davis Noes: Councilmembers: Shriver Absent: Councilmembers: None ATTEST: ~~ Maria M. Stewart, City C erk